Do you Need to Upgrade Your Sexual Harassment Policies?

by Isaac Benmergui, Esq on December 30, 2017

DO You Need to Upgrade Your sexual Harassment Policies? As #Metoo spread across social media, HR departments are reviewing their sexual harassment policies to make sure they are covered.

So what makes for good sexual harassment policy, and how do you know your company is protected if someone makes a claim?

  • Every kind of harassment should be covered. Sexual harassment is only one kind of harassment. This includes harassment on the basis of any protected status, such as disability, religion, race, and all other protected statuses.
  • Use real-life examples. Of course you need to include legal definitions of unacceptable conduct, but also spell out what that means in real life as best you can without being offensive. If you explain that hate speech won’t be tolerated, then give an example of what that looks like.
  • Stress what is expected, not what is prohibited. New workplace problems and issues are being discovered all the time, so don’t wait until conduct has been explicitly rules illegal before you deal with it. By stressing that what the law requires is only the bare minimum of acceptable conduct, you don’t have to wait until it’s that bad to deal with it.
  • Be clear about when and to whom the rules apply. Be aware of all the types of people who interact in your workplace, including vendors, contractors, and clients. And also that harassment rules apply onsite as well as at offsite functions. Specify that these policies apply to email, texts, and social media.

The most important thing is that expectations are clear, that the laws are a baseline for conduct, and that employees are clear as to when, where and to whom the rules apply.

Call Miami Employment Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Employment Law and Civil Litigation cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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